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OH HB291
Bill
Status
7/22/2015
Primary Sponsor
Ron Young
Click for details
AI Summary
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Requires attorneys to send defendants written notice at least 30 days before filing a confession of judgment petition, except when the confession is made in connection with settlement of a dispute.
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Courts must notify defendants immediately upon entry of judgment and inform them of their right to request a hearing within 30 days to determine if they are in monetary default.
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Hearings must be held within 7 days of request, and if the court determines the creditor has not proven monetary default, the judgment is vacated and defendant receives court costs, reasonable attorney fees, and actual damages.
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Requires different warning language on debt instruments depending on whether the confession of judgment is connected to settlement of a dispute, with enhanced warnings for non-settlement contexts.
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Prohibits confessions of judgment in consumer loans and consumer transactions; such cases must be commenced by ordinary civil complaint with notice served and a trial held within 60 days of any filed answer.
Legislative Description
Requires notice and hearing after a confession of judgment
Courts and Civil Law : Civil Law
Last Action
Reported - Substitute: Judiciary
5/11/2016